§2102. Approval to furnish service
The following provisions apply to furnishing service. [PL 1987, c. 141, Pt. A, §6 (NEW).]
1. Approval required. Except as provided in subsection 2 and in section 4507, a public utility may not furnish any of the services set out in section 2101 in or to any municipality in or to which another public utility is furnishing or is authorized to furnish a similar service without the approval of the commission. The commission may condition approval upon the submission of a bond or other financial security if the commission determines that such a requirement is necessary to ensure that a public utility has the financial ability to meet its obligations under this Title.
A. [PL 2011, c. 623, Pt. A, §17 (RP).]
[PL 2011, c. 623, Pt. A, §17 (AMD).]
2. Approval not required. Except as provided in section 2104, the commission's approval is not required for a public utility to furnish service in any municipality in which that public utility is furnishing service on October 8, 1967. Approval is not required for a transmission and distribution utility to distribute electricity to any other transmission and distribution utility.
[PL 2011, c. 623, Pt. A, §17 (AMD).]
2-A. Northern Maine Transmission Corporation.
[PL 2003, c. 506, §11 (RP).]
3. Exemption for certain telephone utilities. The provisions of this section do not apply to any telephone utility except a provider of provider of last resort service with respect to the provision of provider of last resort service and a local exchange carrier.
A. [PL 2011, c. 623, Pt. A, §17 (RP).]
B. [PL 2011, c. 623, Pt. A, §17 (RP).]
C. [PL 2011, c. 623, Pt. A, §17 (RP).]
[PL 2011, c. 623, Pt. A, §17 (AMD).]
4. Dark fiber provider.
[PL 2011, c. 623, Pt. A, §17 (RP).]
5. Exemption for certain private electric facilities. The provisions of this section do not apply to the construction of a transmission line, together with all associated equipment and facilities, that is constructed, owned and operated by a generator of electricity for the purpose of electrically and physically interconnecting that generator to a commercial or industrial consumer of the electricity that is located on:
A. The property where the entity that generates the electricity is located or on abutting property; or [PL 2019, c. 205, §3 (NEW).]
B. A commercial or industrial site that was served by the entity that generates the electricity or its predecessor without using the transmission and distribution plant of a public utility prior to December 31, 2018. [PL 2019, c. 205, §3 (NEW).]
[PL 2019, c. 205, §3 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 342, §4 (AMD). PL 1997, c. 118, §1 (AMD). PL 1997, c. 569, §1 (AMD). PL 1997, c. 569, §2 (AFF). PL 1999, c. 398, §A30 (AMD). PL 1999, c. 398, §§A104,105 (AFF). PL 1999, c. 513, §7 (AMD). PL 2003, c. 505, §28 (AMD). PL 2003, c. 506, §11 (AMD). PL 2007, c. 638, §1 (AMD). PL 2009, c. 612, §§5, 6 (AMD). PL 2011, c. 623, Pt. A, §17 (AMD). PL 2019, c. 205, §3 (AMD).
Structure Maine Revised Statutes
Chapter 21: ORGANIZATION, POWERS, SERVICE TERRITORY
35-A §2101. Organization of certain public utilities
35-A §2102. Approval to furnish service
35-A §2103. Transmission and distribution utility and cooperative authorized to serve same area
35-A §2104. Commission approval for gas companies to furnish service
35-A §2105. Approval only after hearing
35-A §2106. Transfer of approval for a radio common carrier
35-A §2107. Approval only to Maine corporations
35-A §2108. Corporations may hold real estate
35-A §2109. Organization of electric corporations in areas not adequately served (REPEALED)
35-A §2110. Extension of service
35-A §2111. Expansion into broadband by consumer-owned utilities; registration requirements